M/s Texas Instruments Incorporated , Bangalore V. Assistant Commissioner of Income Tax (International Taxation) Circle-2(1), Bangalore

ITA 2126/BANG/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3255 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 4 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-11-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 19-11-2020
• Assessment Year: 2013-2014
• Appeal Filed On: 04-07-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

ITA NOS.2126&2127/BANG/2018 TEXAS INSTRUMENTS INCORPORATED, BANGALORE IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA NOS.2126/BANG/2018 ASSESSMENT YEAR: 2013-14 M/S. TEXAS INSTRUMENTS INCORPORATED C/O BAGMANE TECH PARK NO.66/3 ADJACENT TO LRDE BYRASANDRA, C.V. RAMAN NAGAR BANGALORE-560 093 PAN NO : AACCT4427F VS. ACIT, INTERNATIONAL TAXATION CIRCLE-2(1) BANGALORE APPELLANT RESPONDENT ITA NOS.2127/BANG/2018 ASSESSMENT YEAR: 2014-15 M/S. TEXAS INSTRUMENTS INCORPORATED C/O BAGMANE TECH PARK NO.66/3 ADJACENT TO LRDE BYRASANDRA, C.V. RAMAN NAGAR BANGALORE-560 093 VS. DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION CIRCLE-2(2) BANGALORE APPELLANT RESPONDENT APPELLANT BY : SHRI DHIRAJ R., A.R. RESPONDENT BY : SMT. R. PREMI, D.R. DATE OF HEARING : 19.11.2020 DATE OF PRONOUNCEMENT : 19.11.2020 ITA NOS.2126&2127/BANG/2018 TEXAS INSTRUMENTS INCORPORATED, BANGALORE PAGE 2 OF 3 O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: THESE APPEALS FILED BY THE ASSESSEE ARE DIRECTED AG AINST THE ORDER OF CIT(A)-12, BENGALURU DATED 5.5.2018 FOR TH E ASSESSMENT YEARS 2013-14 & 2014-15. 2. AT THE TIME OF HEARING, THE LD A.R SUBMITTED THAT THE ASSESSEE HAS FILED APPLICATIONS UNDER THE DIRECT TAX VIVAD S E VISHWAS ACT, 2020 AND IS WAITING FOR THE CERTIFICATES IN FORM NO .3 FROM THE PR. CIT. ACCORDINGLY THE LD A.R SUBMITTED THAT THE MATTER MA Y BE KEPT PENDING. 3. THE LD D.R, HOWEVER, SUBMITTED THAT THE ASSES SEE HAS TO WITHDRAW THE PENDING APPEALS AFTER FILING FORM VSV1 AS PER VIVAD SE VISHWAS ACT, 2020. THEREAFTER, THE ASSESSEE IS REQ UIRED TO FURNISH A COPY OF THE SAME ALONG WITH THE PROOF OF PAYMENT OF TAX AS DETERMINED BY THE TAX OFFICIAL TO THE DEPARTMENT. HE SUBMITTE D THAT THE FORM NO.3 SHALL BE ISSUED TO THE ASSESSEE IN DUE COURSE AND ACCORDINGLY HE SUBMITTED THAT THE APPEALS OF THE ASSESSEE MAY B E DISMISSED AS WITHDRAWN, AS THE ASSESSEE, IN ANY WAY, IS REQUIRED TO WITHDRAW THE APPEALS. 4. WE HEARD THE PARTIES AND PERUSED THE RECORD. SINCE THE ASSESSEE HAS OPTED FOR VIVAD SE VISHWAS SCHEME, 2020, THE AP PELLANT WOULD BE MOVING APPLICATIONS FOR WITHDRAWING THE PRESENT APPEALS FILED BEFORE THE TRIBUNAL IN DUE COURSE. SINCE THE ASSES SEE HAS ALREADY FILED THE NECESSARY APPLICATIONS BEFORE THE TAX AUT HORITIES UNDER THE ABOVE SAID SCHEME, WE ARE OF THE VIEW THAT NO PURPO SE WILL BE SERVED IN KEEPING THESE APPEALS PENDING. ACCORDINGLY, WE DISMISS THE APPEALS OF THE ASSESSEE AS WITHDRAWN. ITA NOS.2126&2127/BANG/2018 TEXAS INSTRUMENTS INCORPORATED, BANGALORE PAGE 3 OF 3 5. IN THE RESULT, THE APPEALS OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH NOV, 2020 SD/- (BEENA PILLAI) JUDICIAL MEMBER SD/- (CHANDRA POOJARI) ACCOUNTANT MEMBER BANGALORE, DATED 19 TH NOV, 2020. VG/SPS COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASST. REGISTRAR, ITAT, BANGALORE.